terms and conditions

our agreement with you

 

Any agreement between you and us for the purchase of an item sold by us includes any written communication between you and us prior to your purchase and these terms and conditions. Any agreement does not include any verbal communication between you and us and any if made was not relied upon by you to enter into an agreement with us.

 

An agreement between you and us exists once we:

 

  • receive your order for an item(s) and your personal information necessary to complete your order;
  • advise you that we can supply the item(s) in your order;
  • issue you with a tax invoice; and
  • we receive your payment of that tax invoice in full.

 

placing an order

 

Orders are made by placing an order via our website or over the phone or in person.

 

As there is a higher demand on some items and they sell quickly, most but not all items are in stock however some stock may need to be ordered by us from our supplier and there may be a short delay. Some items may take longer, for example our framed prints may take a few weeks if not in stock.

 

Once an order is placed we will contact you by your preferred method by telephone or email (usually within 24 hours) to advise of stock availability and to organise payment and delivery.

 

viewing products

 

We understand that sometimes our customers prefer to hold products in their hand or to view products before committing to purchase particularly when searching for that perfect gift or special item for their home.  For our customers who would like to do so, the majority of our stock is available to view at Benowa, Gold Coast by arrangement.

 

We welcome you to contact us by email or by phone anytime to ask any questions or to arrange a time to view our product range.

 

delivery

 

You may pick up items purchased by you from Benowa on the Gold Coast at a time and date to be agreed with us provided that your payment for your order has been made in advance.

 

Full payment including the delivery cost must be made to us prior to delivery being attempted. Delivery charges and times can vary depending on the time and size of your item. You must ensure that up to date and correct details of your delivery address are provided to us.

 

We arrange delivery to you by a third party carrier at your cost. We only charge you the actual cost to us of the third party carrier.  Alternatively we may arrange delivery to you within the City of the Gold Coast at a cost of $15.  Delivery costs will be calculated after we receive your order and you will be advised in our order confirmation email or phone call.

 

Should you require insurance on any delivery it is your obligation to obtain appropriate insurance in advance of the delivery.

 

We will use our best efforts to deliver the item to you as soon as practicable after payment is received and you agree that we are not and will not be liable for any loss or damages if there is any delay in delivery.

 

Items will only be delivered to a commercial or residential street address and to you or a person over the age of 18 years authorised to accept delivery. No deliveries are able to be made to a Post Office or PO Box.

 

A further delivery fee will be payable by you before re-delivery is attempted should you fail to be available to accept delivery at the nominated time, date and place.

 

We do not ship overseas.

 

storage

 

You must collect or be available to receive delivery of your item(s) within 7 days of purchase. If you fail to do so, we may cancel your order or part of that order for that item.

 

appearance and description of goods

 

Whilst we take care to accurately describe and depict our items, the description and sometimes the images are provided to us by the manufacturer and/or our supplier.

 

Our items are also often hand finished and made from natural materials meaning that each piece may be distinctively different and may possess unique characteristics. Each item may therefore vary in colour, texture, finish and dimension and may differ from our image and description.

 

No guarantee or liability is accepted by us for any variations in colour, texture, finish and dimension or differences between our description or image and the actual item.

 

It is also possible that any image of the item is not completely colour or texture accurate because of natural and usual variation in lighting, camera technology and or electronic devices used to transmit and or view the image. If these matters are relevant to you then you should take care to clarify these issues with us before you purchase as no items can be returned nor refund given where they are substantially and materially the same as what we have described or depicted save for some difference in colour or texture.

 

You are also welcome to make a time to view items prior to purchase. By choosing not to make any enquiry of the items or to view items beforehand you agree that these issues are not material to you and or you have not used the description or image to determine your purchase.

 

risk and title

 

All risk in an item purchased by you passes to you on collection or delivery of the item by or to you or your authorised agent.

 

Title in an item purchased by you only passes to you on full payment being received for the item including delivery fee (if any) and delivery of the item to you.

 

warranty and guarantees

 

For items purchased by you and delivered within Australia, we provide a warranty in addition to any other rights and remedies you may have under the Australian Consumer Law (‘ACL’) for all items.

 

This warranty offers the replacement, repair or refund to you of your purchase price (whichever to be selected by us) of an item that has a manufacturing or material defect:

 

  • that is not the result of normal age, wear and tear or a natural characteristic of the item or the material from which it is made;
  • and is not intended for and has not been used for a commercial purpose;
  • and has not been repaired or had an attempted repair by any person not approved by us beforehand;
  • and has been used or maintained in accordance with any instructions provided with the item;
  • and has not been used in an abnormal manner, abused, misused, dropped, crushed, impacted by a hard surface, exposed to extreme heat or cold, not maintained or cared properly or used after a partial failure;
  • and has not been modified, incorrectly adjusted or operated;
  • and has not been subjected to an incorrect electrical supply or used with inappropriate accessories;
  • and is not tampered with in any way; and
  • and have not had its label and or serial number defaced, altered or removed from the item.

 

Additionally if there is a major failure with the item, you are entitled under the ACL to return the product and seek a refund, or keep the item and seek compensation for the difference between the purchase price and the item’s market value.

 

returns & refunds

 

We pride ourselves on our reputation for selling quality items with a friendly service. At things to love, we stand by every item we sell and carefully inspect and pack every item that leaves our business to ensure that we exceed your expectations.

 

If you are not satisfied with your purchase then please contact us to discuss your concerns.

 

We will replace any item delivered to you or refund its purchase price if the item arrives to you damaged or faulty, however we:

 

  • will not accept returns or process a refund or exchange of an item based on your incorrect choice or your change of mind;
  • must be notified of any damage or fault within 48 hours of your item being delivered. You may do this by telephone or email. Please therefore check your item carefully when it arrives;
  • will not refund the original delivery charge;
  • may require the item to be returned to us for inspection. If so, we will advise you of the address for the return of the item and later pay for the cost of the return delivery if damage or a fault is found by us; and
  • will not replace any item or refund its purchase price unless that item is first returned to us within 30 days of delivery in its original condition with the original packaging by registered mail, a written explanation of the damage or fault and a copy of your tax invoice.

 

We will not replace an item or refund its purchase price that you collect from us because you have had the time and opportunity to fully inspect and check the item before your purchase.

 

copyright

 

All information, text, content and images shown on our website and or including in any email from us is and will always remain our property and may not be used without our express written consent.

 

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from our website and or any email from us.

 

website disclaimer

 

The information on this website is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, item descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).

 

We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an order at any time without prior notice (including after an order has been submitted and/or acknowledged). The inclusion of items on our website at a particular time does not guarantee that the items will be available. If items offered and sold by us is not as described on our website then your sole remedy is to return the items to us.

 

We make no claim or representation, and accept no responsibility, regarding the quality, nature, or reliability of the websites accessible by hyperlinks from our website, or websites linking to our website and we are not liable for any difficulty, loss or damage you sustain from this or any other website.

 

We intend for the information and data contained on our website or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided “AS IS.”

 

We accept no responsibility for any misuse of our information by others.

 

You expressly agree that your use of this site is at your sole risk.

 

jurisdiction

 

The laws of Queensland apply to these terms and all of our sales.